Orissa

Sambalpur

CC/65/2021

Sri. Ashis Kumar Ray - Complainant(s)

Versus

1. Store Manager, Reliance Retail Limited, Reliance Digital - Opp.Party(s)

Sri. R.L. Sharma & associates

24 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 65/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Sri. Ashis Kumar Ray,

S/o- Late Anil Kumar Ray,

R/O- Bhima Bhoi Nagar, Near Sai Mandir, Budharaja

Po-Budharaja, Ps-Ainthapali, Dist-Sambalpur-768004 ...………..Complainant

                                                Versus

1. Store Manager, Reliance Retail Limited, Reliance Digital

At-RN Complex, First and Second Floor, Budharaja

Main road, Po-Budharaja, Ps- Ainthapali,

Dist-Sambalpur-768004, Odisha                           

2. Anima Electronics and appliance,

Authorised Samsung Service Centre, Sambalpur

At- Pradhan Pada, Near Birsa Munda Kalyan Mandap,

PO-Budharaja, Ps-Ainthapali,

Dist-Sambalpur-768004, Odisha.

3. Zonal Head, Samsung India Electronics Pvt. Ltd.,

Zonal Office, At-Rasulgarh Over Bridge, Sector-A, Rasulgarh,

Bhubanewar-751007,Odisha.

4. The General Manager, Samsung India Electronics Pvt.Ltd., Head Office, 20^th -24^th floor, Two Horizon center, Golf Course Road, Sector-43, DLF

Phase-V Gurugram, (Gurgaon)-122002, Haryana.        …………...Opp.Parties

 

Counsels:-

1. For the Complainant         :-       Sri. R.L.Sharma, Advocate & Associates
2. For the O.P.1 & 2               :-      Ex-parte
3. For the O.P. No.3 & 4        :-       S.K.Mohanty, Advocate & Associates

 

Date of Filing:11.11.2021,  Date of Hearing :27.02.2023  Date of Judgement : 24.04.2023

Presented by Dr. Ramakanta Satapathy, President.

1. The complainant purchased one double door Samsung Refrigerator, Model No. RT 30 T3783SL, Sl.No.04EM4PBNA 00072 on 27.12.2020 form the Opp. Party No.1 dealer for Rs.26,735/- . The O.P.No.1 granted receipt and 1 year warranty card. After few days when different sound came, cooling effect stopped then contacted service provider O.P.No.2, who came and pointed out defects, replaced PCB circuit in May 2021 but noise problem could not be solved. Another heat problem started in the refrigerator. Complainant contacted the Samsung Tool free number on 5.7.2021 then on 14.7.2021, the technician came but could not resolve the problem. On 14.8.2021 the technician changed the compressor but heating problem, noise could not be resolved. On 14.8.2021 though the mail problem were intimated to the O.P.No.3 and 4. On 18.8.2021 refrigerator was sent to O.P.No2 profuse water leaking in compressor found on 29.09.2021 the O.P. No.2 returned the refrigerator with false pretext, there is no any issue in the refrigerator. The abnormal sound, body heating and water leaking continued. On 9.10.2021 and 16.10.2021 when in tool free number contacted the O.Ps did not take any step. The refrigerator is lying in the house unused.

                    Being aggrieved this complaint was filed.

2. The O.P.No.1 and 2 have been se ex-parte
3. The O.P.No.3 and 4 in their version denied all the allegations. There is no any deficiency on the part of the answering Opp. Parties. During warranty period the company assures free services and no replacement of the product. There is no any report of expert to prove manufacturing defects. The replacement of compressor and PCB are admitted but noise problem is denied. The water leakage problem is denied. Complainant never ventilated his grievance to the O.P.No.3.

                    The sequence of events are narrated as:

27.12.2020:          Demonstration made vide Job No.4320295783.

17.6.2021:            Job No.4326305758- Compressor Dryer and PCB

                                      Gs Chamber.

05.07.2021:          Job No.4327461962- Noise issue-Noise was normal.

14.7.2021:            No.4328109397- Noise Problem No such defect detected.

31.7.2021:            Job No.4329298655- Less cooling problem- Working perfectly.

15.8.2021:            Job No.4330276501 –Noise Problem –No defects found.

09.10.2021:          Job no.4333914015- Heating Issue-No defects found.

20.10.2021:          Job No.4334733934 – Heating issue - No defects found

There is no any deficiency on the part of the O.Ps and prayed for dismissal of the complaint.

4. Perused the documents filed by the complainant. The O.P.No.1 issued receipt for refrigerator amounting to Rs.26,735.40 Ps .on 21.12.2020, mail dated 14.8.2021 and 19.10.2021 . The O.P.No.3 and 4 filed a booklet of Samsung warranty card.
5. From the pleadings of the parties and documents filed it reveals that the complainant raised his grievance through e-mails, through tool free number to the Opp.Parties. As per version of the O.P.No.3 and 4 the O.P.No.2 service provider attended the alleged defective refrigerator and as per warranty terms replaced the defective parts free of cost. There is no any allegation from the complainant relating to payment.
6. After careful examination the most vital point is the job card. The O.Ps narrated the sequence of events but failed to file the job card attended by the authorised service provider, O.P.No.2. In one hand the Opp.Parties claiming that there is no any technical expert report available but failed to file the job card, which is the very basis of determination whether the product is having manufacturing defect or not .Non filing of the job card by the O.P.No.3 and 4 is taken as a serious lacuna, On the part of O.P.No.2, 3 and 4. The service provider and manufacturing company can not keep a consumer in darkness showing its repudiation and brand name in the market.

There is regular touch of O.P.No.2 and 3 while any complaint was made by the complainant. The O.P.No.3 cannot escape showing that no any complaint has been made before him. Here question arises, how the O.P.No.3 got the sequence of events ? The O.P.No.2, 3 and 4 have created situation and kept in darkness to the complainant which amounts to deficiency in service during the warranty period. In the other hand non supply of service details through Job Card by the O.P.lNo.2 and information provided through version by the O.P.No.3 and 4 create a situation the O.Ps in order to suppress the manufacturing defect not supplied the job card to the complainant and also failed to file before the Commission.

                    As discussed supra the following order is passed:

ORDER.

The complaint is allowed on contest against O.P.No.3 and 4 and exparte against O.P.No.2. The O.P.No.1 retailer is not liable. The O.P.No.3 and 4 are directed to replace the defective refrigerator which one month of this order failing which the O.P.No.3 and 4 shall be liable to pay Rs.26,735/- with 6% interest PA. w.e.f 27.12.2020 till realisation. The O.P.No.2 is liable to pay Rs.10,000/- for deficiency in service and the O;.P;.No.3  and 4 Rs.20,000/- compensation to the complain ant . The O.P.No.2, 3 and 4 are liable to pay litigation expenses of Rs.5000/- each.

Order pronounced in the open Court today on 24^th day of April, 2023.

Free copies of this order to the parties be supplied.